1. (a) To be considered for an exotic species permit, the applicant shall:

   1. (1) meet one or more of the following criteria:

      1. (A) possess a valid aquaculture license;
      2. (B) possess a valid permit from the Texas Commission on Environmental Quality authorizing operation of a wastewater treatment facility;
      3. (C) possess a department-approved research proposal involving use of harmful or potentially harmful exotic fish, shellfish or aquatic plants;
      4. (D) operate a public aquarium approved for display of harmful or potentially harmful exotic fish, shellfish or aquatic plants; or
      5. (E) operate a facility approved by the department for the possession and propagation of harmful or potentially harmful exotic aquatic plants;
   2. (2) complete and submit an initial exotic species permit application on a form provided by the department;

   3. (3) submit an accurate-to-scale plat of the aquaculture facility specifically including, but not limited to, location of:

      1. (A) all private facilities and owner's name and physical address including a designation on the plat of all private facilities which will be used for possession of harmful or potentially harmful exotic species;
      2. (B) all structures which drain private facilities;
      3. (C) all points at which private facility effluent is discharged from the private facilities or the aquaculture facility;
      4. (D) all structures designed to prevent escapement of harmful or potentially harmful exotic species from the aquaculture facility;
      5. (E) any vats, raceways, or other structures to be used in holding harmful or potentially harmful exotic species;
   4. (4) demonstrate to the department that an existing aquaculture facility, private facility or wastewater treatment facility meets requirements of §57.129 of this title (relating to Exotic Species Permit: Private Facility Criteria);

   5. (5) remit to the department all applicable fees except that fees shall be waived for:

      1. (A) a public school meeting the conditions established in Parks and Wildlife Code, §66.007(c-1); or
      2. (B) a person applying for a permit to physically remove prohibited plants from a public water body in accordance with an approved treatment proposal as established in §57.932(5) of this title (relating to State Aquatic Vegetation Plan).
2. (b) Applicants for an exotic species permit for culture of harmful or potentially harmful exotic shellfish must meet all exotic species permit application requirements and requirements for disease free certification as listed in §57.114 of this title (relating to Health Certification of Harmful or Potentially Harmful Exotic Shellfish).
3. (c) An applicant for an exotic species permit shall provide upon request from the department documentation necessary to identify any harmful or potentially harmful exotic species and confirm the source of origin for the species for which a permit is sought.
4. (d) An applicant for an exotic species permit whose facility is located within the harmful or potentially harmful exotic species exclusion zone as defined in §57.111 of this title (relating to Definitions) must submit an emergency plan to the department for review and approval. The plan shall include measures sufficient to prevent release or escapement of permitted harmful or potentially harmful exotic species into public water during a natural catastrophe (such as a hurricane or flood).

Source Note:The provisions of this §57.117 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective April 30, 2001, 26 TexReg 3219; amended to be effective June 29, 2005, 30 TexReg 3728; amended to be effective December 26, 2006, 31 TexReg 10340; amended to be effective June 12, 2013, 38 TexReg 3644; amended to be effective November 15, 2015, 40 TexReg 7820; amended to be effective July 9, 2017, 42 TexReg 3387.